How to Answer a Credit Card Debt Lawsuit (Template) | Talk About Debt

You opened the envelope. Inside: a Summons and Complaint from a law firm you've never heard of, claiming you owe $8,000 on a Capital One card you stopped paying three years ago. You have 20 to 30 days to respond, depending on your state. Miss that deadline and the collector wins automatically, no matter how sketchy their case is.

Your response is called an Answer. It's a legal document, but you don't need a lawyer to file one. You need to know what goes in it, what to admit or deny, and how to raise defenses that could get the case dismissed or settled for pennies. This guide walks you through it.

Sued for a Debt?

Don't let them win by default. Respond to your lawsuit today.

File Your Answer Now

What Happens If You Don't Answer

About 70% of people sued for debt never respond. The court assumes silence means guilt. The plaintiff gets a default judgment: a court order saying you owe the full amount, plus interest, court costs, and attorney fees. They can then garnish your wages, freeze your bank account, or place a lien on your property.

Default judgments are hard to reverse. Filing an Answer, even a basic one, forces the collector to prove their case. That's often harder than they expect.

The Five Parts of an Answer

Your Answer must follow a specific format. Courts reject filings that don't. Here's what goes in:

1. Caption

This is the header at the top of the page. Copy it exactly from the Summons. Include:

Court name and location
Case number
Plaintiff's name (the debt collector or creditor)
Your name as Defendant
Title of the document: "Defendant's Answer to Complaint"

2. Numbered Responses to Each Allegation

The Complaint lists numbered paragraphs. You respond to each one with one of three answers:

Admit: Use this only if the statement is 100% true and you have no objection. Example: "Defendant is a resident of Ohio." If that's accurate, admit it.

Deny: Use this when the statement is false or you're not sure. You're not lying; you're forcing the plaintiff to prove it. Example: "Defendant owes $8,247.19." If you don't remember that exact amount or you think it's inflated, deny it.

Deny due to lack of knowledge: Use this when you genuinely don't know. Example: "Plaintiff purchased the debt from Capital One on June 15, 2021." You weren't party to that transaction. Deny for lack of knowledge.

A sample might look like this:

1. Defendant admits the allegations in Paragraph 1.
2. Defendant denies the allegations in Paragraph 2.
3. Defendant denies the allegations in Paragraph 3 due to lack of knowledge.
4. Defendant denies the allegations in Paragraph 4.

When in doubt, deny. The burden of proof is on them, not you.

3. Affirmative Defenses

This is where you explain why the lawsuit should fail, even if the plaintiff's facts are true. Common affirmative defenses include:

Statute of limitations: Every state sets a deadline for suing over debt, usually 3 to 6 years from your last payment. If the debt is older, it's time-barred. The collector can still ask you to pay, but they can't sue. Check your state's statute and your payment history.

Lack of standing: Debt buyers often can't prove they own your debt. They need a chain of documents showing the original creditor sold it to them. If they can't produce that, they lack standing to sue.

Incorrect amount: Collectors inflate debts with bogus fees. If the amount seems wrong, list "Incorrect amount" as a defense.

Payment or settlement: If you paid off the debt or settled it, say so. Attach proof if you have it.

Identity theft or fraud: If the debt isn't yours, state that clearly.

List every defense that applies. You can add more later, but starting strong matters. A typical affirmative defenses section:

Affirmative Defenses:
1. The alleged debt is barred by the statute of limitations under [Your State] law.
2. Plaintiff lacks standing to bring this action.
3. The amount claimed is incorrect and unsupported by documentation.

4. Prayer for Relief

End with a short statement of what you want the court to do. Keep it simple:

"WHEREFORE, Defendant respectfully requests that the Court dismiss this action with prejudice and award Defendant costs and any other relief the Court deems just."

5. Signature and Certificate of Service

Sign and date your Answer. Some courts require a notarized signature; check your local rules.

Below your signature, include a Certificate of Service. This confirms you sent a copy to the plaintiff's attorney. It looks like this:

Certificate of Service:
I certify that on [Date], I served a copy of this Answer to:
[Attorney Name]
[Law Firm Name]
[Address]
by [mail/email/hand delivery].

Sign this section too.

How to File Your Answer

Once your Answer is ready, you file it with the court and send a copy to the plaintiff's attorney. Steps:

Check court rules: Some courts require electronic filing; others want paper copies. Call the clerk's office or check the court's website.
Pay the filing fee: Usually $50 to $150. If you can't afford it, ask for a fee waiver. Courts provide forms for this.
Keep copies: File the original with the court. Send one copy to the plaintiff's attorney. Keep one for yourself.
Send it certified mail: Use USPS certified mail with return receipt. You'll have proof of delivery.

Don't miss your deadline. Courts count days strictly. If your Answer is due on November 15 and you file on November 16, you're out of luck.

What Happens After You File

Filing an Answer doesn't make the lawsuit disappear. It starts the discovery process. The plaintiff's attorney might send you interrogatories (written questions) or requests for documents. You'll have deadlines to respond. They're gathering evidence to prove their case.

But here's what often happens: debt collectors drop cases once defendants fight back. Many debt buyers lack proper documentation. If you've raised a statute of limitations defense or challenged their standing, they may offer a settlement for 30% to 50% of the alleged debt. Some dismiss the case outright.

You can also countersue under the Fair Debt Collection Practices Act if they've violated your rights: called you repeatedly, threatened you with arrest, or sued on a time-barred debt without disclosing it's uncollectible.

When to Consider Bankruptcy

If you're drowning in debt and one lawsuit is just the start, bankruptcy might make more sense than fighting each case individually. Chapter 7 wipes out credit card debt in about four months. Chapter 13 lets you repay what you can afford over three to five years.

Filing bankruptcy triggers an automatic stay, which stops all lawsuits, garnishments, and collection calls immediately. If you're facing multiple suits or a judgment you can't pay, explore your options. Our bankruptcy screener takes five minutes and shows whether you qualify.

Common Mistakes to Avoid

Admitting too much: Don't admit the debt is valid just because you remember owing money once. Amounts change. Collectors make errors. Force them to prove every detail.

Missing the deadline: Courts don't care if you were busy or didn't understand the Summons. Late is late.

Ignoring discovery requests: If the plaintiff sends interrogatories after you file your Answer, respond. Ignoring them can get your Answer stricken.

Settling without a dismissal: If you negotiate a settlement, get it in writing and make sure it includes a stipulation of dismissal with prejudice. Otherwise, they can sue again.

Sample Answer Template

Here's a basic template. Customize it for your case:

[Court Name]
[Address]
Case No: [Case Number]

[Plaintiff Name],
Plaintiff,

[Your Name],
Defendant.

DEFENDANT'S ANSWER TO COMPLAINT

Defendant, [Your Name], answers Plaintiff's Complaint as follows:

AFFIRMATIVE DEFENSES

1. The alleged debt is barred by the statute of limitations under [State] law.
2. Plaintiff lacks standing to bring this action.
3. The amount claimed is incorrect.

PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court dismiss this action with prejudice and award Defendant costs and any other relief the Court deems just.

Dated: [Date]

_________________________
[Your Signature]
[Your Name]
[Your Address]
[Your Phone Number]

CERTIFICATE OF SERVICE

I certify that on [Date], I served a copy of this Answer by certified mail to:
[Attorney Name]
[Law Firm]
[Address]

_________________________
[Your Signature]

Need Help Deciding Your Next Move?

Filing an Answer buys you time and leverage. But if you're staring at multiple debts and one lawsuit feels like the tip of the iceberg, it might be time to consider a fresh start. Bankruptcy isn't surrender; it's a legal tool Congress created for people in over their heads. Our bankruptcy guide explains how it works, what you keep, and how fast it stops collectors in their tracks.

Frequently Asked Questions

What happens if I don't answer a debt lawsuit?

The court issues a default judgment against you, allowing the collector to garnish wages, freeze bank accounts, or place liens. About 70% of defendants never respond and lose automatically.

Can I write my own Answer without a lawyer?

Yes. Courts accept self-filed Answers as long as they follow the correct format: caption, numbered responses, affirmative defenses, and signature. Many people successfully defend debt lawsuits pro se.

What is the statute of limitations on credit card debt?

It varies by state, typically 3 to 6 years from your last payment. If the debt is older, the lawsuit may be time-barred. You must raise this as an affirmative defense in your Answer.

Should I admit or deny the debt amount?

Deny it unless you're absolutely certain it's correct. Collectors often inflate amounts with fees and interest. Forcing them to prove the exact amount can reveal errors or lack of documentation.

What if I can't afford the court filing fee?

Ask the court for a fee waiver. Most courts provide a form where you disclose your income and assets. If you qualify, you can file your Answer for free.

How to Answer a Credit Card Debt Lawsuit (With Template)